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Me and wife got seperated after 20 days of marriage and has been staying away from each other for past 1.5 yrs..her parents sent her for further studies in other city in india and we have not been talking since last 1.5 yrs..i want to go for mutual consent and has have their relatives to talk to them..in the meantime..i want to purchase a home in other city in next couple of month...will she will be eligible to claim anything in this house as I am buying after sepeartion but yes not after actual mutual divorce..pls adivce whether I should go ahead and buy or wait till this matter is resolved..thanks for your help in advance..legal

You can definately buy the house in your name and/or in joint name with your parent. She has no right on the house that you purchase with your money. You should go ahead and purchase the house. She only has the right of residence and that too where you stay, not the right of ownership, if she is not the co-owner of the house.

Many thanks for your reply Mr. Hardik.. one more question..is it true that when we apply for mutual consent divorce..we can also send one application to court asking to waive off our 6 months period as we are already seperated for past 1.5 yrs anyway..Does court accept such waive off application and approve divroce in couple of weeks instead of waiting for 6 months and then get divorce..

Sorry I got late in replying thank you for your reply. Was stuck in those stupid matter..

Now as I said earlier, me n my wife stayed together for 30 days after marriage in OCT 2008 and since NOV 2009staying seperate till now. almost 1.5 yrs wife's side has till not anything legally against us (498a) or anything else. Few days back I came to know that they have some doctor's report stating of Martial Rape on her daughter. I read the definition of martial rape and it says we should be seperate and then if I attempt then only it is applicable (IPC 376A).

Now we never staying together for last 1.5 yrs..she is with her parents and I stay in the city I work. I never met her nor did I attempt to talk to her nor there is any written communication. Even after sometime she went to her further studies in other town.

Question:

1. Can they put Martial Rape case against me along with 498A..after 1.5 yrs..2. What will be intensity of those cases, will this be treated as planned as current she is outside of India3. What I should do to courter those allegations

finally I managed to file mutual consent divorce. We agreed to some alimony and exhanged ornaments and stuff and signed a MOU and notarzied stating that we are doing all this and r ready to file mutual petition.

Now we did file a MCD in court last month and I have receiving threats from wife side that they will withraw the case or will not be present in the court after 6 month of cooling period they want more money. Is there possibilty that she can withdraw case so easily for harrassing me..is there any counter measure I should take...

I tired from one of the lawyer that these days it's not so easy for any spise to withdraw case so easily they have to have valid reason and court must be satisfied with their reason for withdrawal.

I would suggest you to record the threats and file the case against her for the comtempt of the court and according to the Indian Contracts Act. If you have not given the money, then take the draft to the court on the second motion. If she does not come, then you can file the case of divorce on the grounds that the MOU was flouted and the opposite side has not come forward and demanding more money. This is cruelty.

Are the contents of MOU present in the MCD petition, especially the financial matters and exchange of articles? If yes, then there is no need to worry. She will come for the second motion in February. Till that time, just keep cool, and if she does not come, do not withdraw the case. This would be un-necessary at this stage.

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